04-14-1998 PH r,
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PLANNING AND ZONING MINUTES
The Schertz Planning and Zoning Commission convened and conducted a Public Hearing on
Tuesday, April 14, 1998, at 7:00 p.m. in the Municipal Complex Council Chambers, 1400
Schertz Parkway, Schertz, Texas. Those present were as follows:
PLANNING & ZONING COMMISSION CITY STAFF
Ernie Evans, Chairman Steve Simonson,
David Richmond, Vice-Chairman ~ Asst. City Manager
Gary Wallace Mazy Ybazra,
Tony Moreno Planning Secretary
" Joyce Briscoe
Keith Van Dine
Ken Greenwald, Councilman,
ex-officio
Members Absent Others Present
Pia Jarman, Secretary (vacation) Kenneth Floyd,
Tony Moreno (late arrival) 905 Antler
Kenneth Pollard,
4604 Silverton
Kevin Baumann,
Alamo Packaging
Eddie Baumann,
Alamo Packaging
Kenneth W. Stewart
Kaufman & Broad
Greg San Marco,
Don McCrary & Assoc.
Michael Cude,
M. W. Cude Engineers
Randy Dym,
Oak Trail Investments
James Gathright
1001 Grey Feather
Ted Duigon
11 i2 Antler Dr.
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#1 Call To Order:
Chairman Evans called the April 14, 1998, meeting to order at 7:04 p.m. Chairman Evans
explained the procedures to be followed in the public hearing and thanked everyone for their
concerned interest. He requested that anyone wishing to speak to come up to the podium. He
added that the City Council would hold their public hearing on April 21, 1998.
#2 Public Hearing: To Receive Citizen Input for a request from Clifford Johnson
dba/Country Village Estates to rezone 31.030 acres on FM 1518, 1017' northwest of IH 10 in
Country Village from RA (ResidentiaUAgriculture to MH (Manufactured Home) (ZC #149-97).
Ernie Evans asked for staff input from Steve Simonson.
Steve Simonson stated that, in accordance with the city ordinance, 5 letters were sent to property
owners within 200' of the property. Two (2) letters were received opposed to the request. None
were received in favor.
Chairman Evans asked if there' was a representative for Mr. Johnson present? Mr. Johnson was
not present. Mr. Simonson stated that a letter was sent on April 9, 1998, to Mr. Johnson advising
him of the date and time of the public hearing.
Chairman Evans opened the floor for citizen comments.
Ted Duigon asked for a clarification on the location of the property. Steve Simonson pointed out
(on the map) the location of said property. He stated that the property is on FM 1518 about 1000'
north of IH 10. The property is closer to IH 10 than to Ware Seguin Rd. Presently, the area. is
zoned RA, Residential Agriculture.
#3 Adjournment of Public Hearing:
wth no further discussion, Chairman Evans adjourned the public hearing at 7:05 p.m.
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Steve Simonson stated that in the past the Commission has tabled items when no one has been
present to represent the request.
The Schertz Planning and Zoning Commission convened in regular session after the Public
' Hearing. The agenda is as follows:
#4 Call To Order:
Chairman Evans called the regular session meeting to order at 7:Q5 p.m.
#5 Approval Of Minutes: Public Hearing Session and Regular Session of Mazch 24,
' 1998.
Ernie Evans asked if there are any corrections to the minutes.
Joyce Briscoe stated that on pages twq three, four, six and eleven a comma is needed after the
dates (i.e. February 24, 1998,). ~On page three, first line, a semicolon is needed instead of a colon
after the word "review".
Ernie Evans stated that on page three, second paragraph, the first line that the word "some" needs
to be added before "research". On line ten, add the word "as" before "to". Also, on page nine,
fourth paragraph in the statement by Chairman Evans correct the spelling of the word "waiver".
Joyce Briscoe moved to approve the minutes of March 24, 1998, as corrected and noted. Keith
Van Dine seconded the motion that carried unanimously.
#6 Status of Final Plats:
Ernie Evans stated that the plat for Woodland Oaks Subdivision Unit 6A Replat of lot 62 and 63,
was signed in the month of March.
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#7 BOA Actions:
Ernie Evans stated that he attended the BOA meeting in the absence of Pia Jarman. The Board
approved the request from David Ferguson for the Special Exception to the Zoning Ordinance
allow an additional curb cut on Lindbergh St. The Board also reviewed the Rules and Procedures
for the BOA and discussed making modifications.
#8 Citizens' Input Other Than Agenda Items:
There were none.
#9 Consider And Make Recommendation: Request from Clifford Johnson dba/Country
Village Estates to rezone 31.030 acres on FM 1518 1017' northwest of IH 20 in Country Village
Estates from RA (ResidentiaUAgriculture to MH (Manufactured Home) (ZC #149-97)
Ernie Evans reiterated the statement made earlier by Mr. Simonson on the Commission's general
procedure to table an item when proper representation is not available.
Gary Wallace moved to table the request from Clifford Johnson dba/Country Village Estates to
rezone 31.030 acres on FM 1518 1017' northwest of IH 10 in Country Village Estates from RA
(ResidentiaUAgricuhure to MH (Manufactured Home) until representation is available. Keith
Van Dine seconded the motion that carried unanimously.
#10 Consider And Take Appropriate Action: Request from Alamo Packaging
Corporation for Site Plan Approval of Alamo Packaging Corp., Tri-County Business & Industrial
Park. (PC #365-98)
Steve Simonson stated that this is a two-sheet application. Notes concerning the fence are
indicated. A letter requesting a waiver for the sidewalk requirement is also available. The
landscape information is on the second sheet.
Ernie Evans asked if the north arrow on the site plan is correct. Steve Simonson replied, yes.
Ernie Evans asked if the height of the two steel posts next to the monument sign is known
Eddie Baumann stated that the monument sign is 4' in height, and the steel posts are to hold the
ground lights.
David Richmond asked what type of business is Alamo Packaging? Ms. Baumann replied that
they will manufacture ail types of packaging materials. (i.e. corrugated boxes, peanuts, bubbles
etc.).
Gary Wallace moved to approve the request from Alamo Packaging corp. for site plan approval
of Alamo Packaging Corporation. Keith Van Dine seconded the motion that carved
' unanimously.
#11 Consider And Take Appropriate Action: Request from Michael W. Cude
Engineers, L.L.C for (ABG Investments) to rezone 20.54 acres of a portion of 37.37 acres from
GB (General Business) to R
2 (Single Family Dwelling District). Said property is bordered east
of Schertz Parkway, north of Macke Road; west of Woodland Oaks Subdivision and south of
Ashley Place Subdivision. (ZC #I52
98)
Steve Simonson stated that this is a zoning issue that requires metes and bounds and that they are
part of the packet. Also enclosed is the purchase agreement for the property. This request is for
the remaining portion of land between the existing Woodland Oaks Subdivision and Schertz
Parkway. They are requesting a partial rezoning of 20.54 acres to R-2. Currently, the land is
zoned "GB" General Business. The R-2 zoning will basically come out into a treed area on
Schertz Parkway and butt up against Ashley Place. There are several major items to note:
Woodland Oaks Drive will connect with Schertz Parkway, some commercial property will be
left, and third, this is the largest lot ra-zoning since he has been with the City.
Mike Cude stated that the tract is approximately 30 acres. The remaining 7 acres will remain at
the current zoning GB (General Business). The request is for 70' lots. Mr. Brad Galo believes
that this is the market and plans are to save as many trees as possible.
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Joyce Briscoe mentioned that she was pleased to see that the design of the lots would save trees.
Ernie Evans asked if there are any problems with the flood plain that abuts Woodland Oaks.
Mike Cude responded there are none.
Gary Wallace moved to forward the request from Michael W. Cude Engineers, L.L.C for (ABG
Investments) to rezone 20.54 acres of a portion of 37.37 acres from GB (General Business) to R-
2 (Single Family Dwelling District). Said property is bordered east of Schertz Parkway, north of
Macke Road, west of Woodland Oaks Subdivision and south of Ashley Place Subdivision for
public hearing. Tony Moreno seconded the motion that carried unanifiiously.
' #I2 Consider and Take Appropriate Action: Request from Oak Trail Investments
to rezone approximately i 1 acres of a portion of 43 acres from R-1 to R-6 from the proposed
right of way of the drainage channel to the eastern end of the existing property line far the
Evelyn Simmons Trust property. Said property bordered on the east by Schalther and Family
Partnership Ltd., to the north by Jack L. and Kristen Waelti property, and to the south line of the
Janet A Besch property. (ZC #153-98)
Steve Simonson stated that the zoning request is for the rear of the property, which is currently,
zoned R 1. The property behind the drainage channel that runs naturally in the area is the
property being zoned to R-6_ Steve Simonson stated that Greg San Marco, from Don McCrary &
Associates is present to answer any questions
Gary Wallace asked if the property is southeast of the existing Oak Forest Subdivision? Steve
Simonson stated it is directly behind Oak Forest.
Greg San Marco stated that it is the subdivision between FM 3009 and the continuation of Crest
Oak. Gary Wallace asked that if access to all the property would be through Crest Oak? Mr. San
Mazco replied access would be through Crest Oak and Circle Oak.
Joyce Briscoe moved to forward the request from Oak Trail Investments to rezone approximately
11 acres of a portion of 43 acres from R 1 to R=6 from the proposed right of way of the drainage
channel to the eastern end of the existing property. line for the Evelyn Simmons Trust property.
Said property bordered on the east by Schalther and Family Partnership Ltd., to the north by Jack
L. and Kristen Waelti property and to the south line of the Janet A. Besch property to City
Council recommending the scheduling of Public Hearings. Keith Van Dine seconded the motion
that carried unanimously.
#13 Consider And Take Appropriate Action: Request from Oak Trail Investments
for Master Plan Approval of Oak Trail Subdivision (PC #367-98)
' Steve Simonson stated that the request is for the azea that is the eastern portion bordered by
Cibolo. The area is separated by a proposed drainage right of way. The request is in accordance
with the city's master road plan for the extension of the Wiederstein Rd. overpass that is
currently under construction and that one day will extend to Green Valley Road.
Greg San Marco explained the plans for the proposed subdivision to the Commission. The plan is
for an upscale residential neighborhood through the back of the Oak Forest Subdivision. They
have taken into account the Wiederstein road extension. The most distinguishing feature of the
area is the natural drainage channel that runs through the property. The irregular shape of the
property has been taken into account for the extension of the Wiederstein Rd and for the lots to
fit in a manner that will be marketable.
Gary Wallace asked if the azea is treed? Mr. San Marco replied that the area is heavily treed
toward the bottom of the drainage azea and less treed in the proposed area.
Ernie Evans added that the number of lots do not add up to the number as specified in the note
section of the plat. In Units 1 and 2 the numbers do not agree, Unit 3 is the only unit where the
numbers agree. Mr. Evans asked for the total number of lots proposed 180 lots or 171 lots. Do
these numbers give an indication as the lot sizes? Mr. San Marco commented that the layout he is
showing is to scale. The number of lots aze correct, and if there is a discrepancy the layout will
be corrected. He was not awaze of the discrepancy and will check into it.
Ernie Evans asked to whom will the drainage easement be dedicated? Greg San Mazco stated
that it will be a 2-acre parkland dedication to the City. Ernie Evans commented on the letter
from Mr. San Mazco stating that a 60' right of way and an additional 10' to Wiederstein Rd. for a
total of 70' will be dedicated. Is this correct? Mr. San Marco clarified his statement. The right of
way is 60' versus 50'.
Ernie Evans asked will there be any way to change the road layout so that the lots proposed at
the back of the property do not open on to Wiederstein Road? Greg San Mazco suggested that
" Wiederstein could be moved to the property line and that by splitting it or saddling it and
possibly building half now and the other portion later when construction of the road would start.
Mr. San Marco stated that this would create more street and fewer lots. This would create 500'
or 600' of street and it will be three or five lots dense.
The Commissioners after an extensive discussion expressed their concerns on the azea being
proposed for the R-6 zoning and asked Mr. San Marco to possibly look at a re-arrangement of
lots in relation to cui-de-sacs for the subdivision and the Wiederstein Road portion.
Mr. San Mazco commented that the lots would be more valuable up against the greenbelt
opposed to the cul-de-sac. He added that they are planning on running the road up against the
city limits line.
Ernie Evans stated that the Commission will be willing to work on the re-arrangement of lots up
against the greenbelt area. This will allow a gain of two or four lots per cul-de-sac. This would
allow for 16 lots opposed to the 19 lots on the backside. This will be something the City can
work with in allowing a variance to some of the lots for 55' frontages.
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Steve Simonson commented that the City will be willing to work with Mr. San Marco and Mr.
Dym on their development. The City will not be setting a precedent, the city has allowed this
type of situation in the past.
Ernie Evans asked if the Commissioners had any comments on using the area as Parkland versus
dedicating it as a greenbelt. Tony Moreno asked if it is used for Pazkland will it be for the City to
use or the subdivision? Steve Simonson said the usage will be similar to the Greenshire
development. If a Homeowners Association (HOA) is planned, give the developer half the credit.
This will lower the cost of parkland fees, and the HOA would be responsible for upkeep. The
area will be a dedicated green space.
' ~ Keith Van Dine asked what will the Commission be approving? Ernie Evans stated the
Commission can not approve the request until corrections or changes aze made. Ernie Evans
stated that the property can not be platted until the zoning is approved to R-6 and the Master Plan
can not be approved until completed.
Ernie Evans advised Mr. San Marco to work with city staff on the issues discussed this evening
before submitting their request.
Keith Van Dine moved to disapprove the request from Oak Trail Investments for Master Plan
Approval of the O~Ic Trail Subdivision. Gary Wallace seconded the motion that carried
unanimously.
#14 Consider And Take Appropriate Action: Request from James M. Gathright,
1001 Grey Feather (comer lot) for a Special Exception to the Zoning Ordinance for an additional
curb cut off of Dove Meadows to have access to a detached garage. (BOA # 103-98)
Steve Simonson stated that this area does not have a 1' non-access easement along the side of the
property. There is an existing garage with a gate and fence, and, there are no other curb cuts in
the area.
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Ernie Evans asked how the garage has been accessed? Mr. Gathright replied the garage is being
used for storage. His plans are for a driveway, and he feels it would be easier to sell the house if
there is access to the detached garage. Ernie Evans asked that if Mr. Gathright would consider
laying ramps instead of'using concrete for the curb cut? Mr. Gathright stated that it has been
suggested, but he still wants to go with the driveway. Ernie Evans commented that he personally
does not like the idea of an additional curb cut. He feels our city needs to be protected, keeping
additional curb cuts out of the city subdivisions. His concern is to protect the entire City.
Gary Wallace memioned that there are no curb cuts on one side of the street but on the other side
every house has a driveway coming out onto the street. It is not a busy street and not a major
thoroughfare.
Gary Wallace moved to forward the request to the BOA recommending approval on the request
from James M. Gathright, 1001 Grey Feather (comer Iot) for a Special Exception to the Zoning
Ordinance for an additional curb cut off of Dove Meadows to have access to a detached garage.
Keith Van Dine seconded the motion that carried as follows:
Ayes: Keith Van Dine, Joyce Briscoe, Tony Moreno, David Richmond and Gary Wallace.
Opposed: Ernie Evans.
Motion carved.
#15 Consider And Take Appropriate Action: Request from Kenneth D. Floyd,
905 Anlter (R-5 Oak Forest Subdivision, lot 3R) for a Special Exception to the Zoning
Ordinance to build on "0" lot line next to lot 2R (BOA #10498)
Steve Simonson stated that lot 3R is on Circle Oak and is adjacent to lot 2R Lot ZR is the only
lot with two 5' easements. In the letter from Mr. Floyd he is requesting to build a house in
accordance with R-5 zoning with "0' lot line. Enclosed is a letter from GVEC stating they have
no problem with the request.
Ernie Evans stated that the only easement being removed is the easement on the side of lot 2R
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Joyce Briscoe moved to forward to the BOA recommending approval the request from Kenneth
D. Floyd, 905 Anlter (R 5 Oak Forest Subdivision, lot 3R) for a Special Exception to the Zoning
Ordinance to build on "0" lot line next to lot 2R. Keith Van Dine seconded the motion that
carved unanimously.
#16 Consider And Take Appropriate Action: Request from Kenneth Pollard, 4604
Silverton, for a Special Exception to the Zoning Ordinance to encroach 7' into the 20' rear yard
setback for construction of a deck. (BOA #105-98)
Steve Simonson stated that this request would be for the construction of a deck It is a single
story house with no backyazd easements. The request will not encroach into any easements and
will still leave 13' to the property line.
Ernie Evans asked if there is any type of screening sepazating his house from the house that abuts
his. Mr. Pollard replied there is no type of screening separating the houses. The deck will
encroach only the 7' and still leave 13' of property. The deck will not destroy any trees in the
area.
Keith Van Dine moved to forwazd to the BOA recommending approval the request from
Kenneth Pollard, 4604 Silverton, for a Special Exception to the Zoning Ordinance to encroach 7'
into the 20' rear yazd setback for construction of a deck. Tony Moreno seconded the motion that
catried unanimously.
#17 Consider And Take Appropriate Action: Request from Kaufman and Broad to
erect a sign 4' x 8' on Schertz Parkway. (PC #366-98)
Steve Simonson stated this is a new request to place a sign on Schertz Parkway indicating where
Ashley Place is located. This sign had been placed at the Schertz Bank property but has been
taken down. They are now asking to relocate the sign on Schertz Parkway.
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David Richmond commented that he questions the need for the sign. Ashley Place is well
publicized- there are billboards on 1H 35 and Ashley Place has nicely laid out entrances. He feels
there are enough signs on our roads.
Ernie Evans voiced another concerns such as the signs sticking over the fences in the
subdivisions and the lack of cooperation in terms of enforcement of the city's ordinance.
Gary Wallace asked if there is a case for the sign? Keith Stuart representing Kaufman and Broad
commented that they felt there is a need for the sign. They have a short amount of time before
the development is complete and once that takes place the sign will be'removed.
Joyce Briscoe asked if it is standard procedwe that builders developing in the area have
additional signs to those in the development area? Ernie Evans stated that it is not. Joyce added
that she can understand the developers wanting to advertise, but we Homeowners in the city do
get tired of seeing these signs.
Gary Wallace moved to disapprove the request from Kaufman and Broad to erect a sign 4' x 8'
on Schertz Parkway. David Richmond seconded the motion that carried as follows:
Ayes: Ernie Evans, David.Richmond, Gary Wallace, Joyce Briscoe and Keith Van Dine.
Opposed: Tony Moreno.
Motion is approved.
#18 Discuss And Make Recommendation: Make changes to the Unified
Development Code (UDC).
Steve Simonson stated that there are several sections of the UDC that need correcting and he
feels that the Commission needs to proceed on these items as quickly as possible.
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Steve Simonson discussed all the changes that were in the Commissioners packets. Steve
Simonson asked the Commissioners to review the corrections and changes.
Ernie Evans requested that section 12, 1.2 be reviewed in the 1996 updates of the TML rules.
Steve Simonson stated that the attorneys have reviewed the rules. The only thing that would
happen will be that the Planning and Zoning Commission will not have the authority to stop any
one from seeking a public hearing. In the past the Commission had the authority to stop a public
hearing.
Joyce Briscoe asked if this has happened often. Steve Simonson stated that since he has been
with the city it has been done four times. it is a rare thing, but it has been done and the attorneys
' ~ have asked to remove it. The city ca.n not deny citizens their rights. ' `
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Ken Greenwald stated that the council feels that more time is needed between public hearing
meetings for zoning changes in the UDC to be made. The Planning and Zoning Commission will
have the authority to make recommendations, but will no longer schedule the council's public
hearings.
Steve Simonson reiterated all the changes and corrections for the UDC that are in the
Commissioners' packets. He discussed briefly each item to be changed or corrected.
Ernie Evans stated that he did not have a problem with the corrections or changes except for
Section 6.9- adding that P & Z can forward to City Council the recommendation for disapproval.
Joyce Briscoe stated the word "enacted" should be deleted from section 6.9A.
After discussion the Commissioners accepted the changes to section 6.9A to read as follows:
"The Planning and Zoning Commission may recommend that the request or amendment be
approved or disapproved; or"
Ernie Evans commented that there is "no time line" requirement for the scheduling of public
hearings. He feels that time requirement will be needed for negotiations to take place before the
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scheduling of a public hearing. Steve Simonson stated that there is a 10-day waiting rule. Ertrie
Evans stated if that is the case then it needs to be changed.
Steve Simonson stated that city staff will make changes, corrections, and research the ordinance
on the "time" rule.
Joyce Briscoe moved to table the discussion on changes to the Unified Development Code until
additional information is provided and brought back to the next scheduled meeting. Keith Van
Dine seconded the motion that carved unanimously.
#19 General Dsscnssion:
Joyce Briscoe:
Joyce commented on agenda item 12 (Rezoning Issue). She asked if the Planning and Zoning
would even need to discuss item 13 (Master Plan} until after the zoning issues are clarified.
Keith Van Dine:
Keith Van Dine asked if Steve Simonson could look into the flooding of the Automotive Place
on FM1518 and Lower Seguin Road.
Tony Moreno:
Tony had no comments.
David Richmond:
David commented. on how conformed the sign at Taco Cabana looked. He feels Taco Cabana is
setting the precede~rt for signs on FM 3009. The landscaping is excellent also.
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Gary Wallace:
Gary had no comments.
Ken Greenwald:
Ken commented on the model in the lobby of the City's expansion of City offices, SAFES,
Police Dept.
Steve Simonson:
Steve commented on calls he is receiving on a Mini Storage Business in front of Forest Ridge. It
is an authorized use for the area and it's in the city's overlay district. The business would have a
50' setback requirement, masonry fence requirement etc. The area is too far out for any another
type of business (i.e. restaurant).
He also talked with a representative from Savannah Square. He was getting a newsletter out and
wanted to verify the rumors of an "Olive Garden" etc. coming to Schertz. He was told these were
just rumors.
Ernie Evans:
Ernie commented that he had attended the City Council's workshop on April 7, 1998 and it was a
very interesting meeting.
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Ernie commented on the trenching along Schertz Parkway and the installation of some plastic
green boxes like those existing along the Savannah Drive. Do the boxes belong to Bell, G.E. V.C.
or Paragon? Steve stated he would look into.
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#20 Adjournment:
David Richmond moved to adjourn the meeting. Keith Van Dine seconded the motion. The
meeting adjourned at 9:15 p.m.
Chairman, Planning and Zoning Commission
" ATTEST:
Planning Secretary, City of Schertz
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